(A) Grantor reserves the right to lay or permit to be laid cables, electric conduits, water, sewer, gas, or other pipelines and to do or permit to be done any underground work deemed necessary and proper by the grantor, along, across, over, or under the public ways. In permitting such work to be done, the grantor shall not be liable to the grantee for any damages so occasioned, nor shall the grantor, in doing such work, be liable to the grantee for any damages not willfully and unnecessarily occasioned.
(B) Whenever, by reason of establishing a grade or changes in the grade of any street or in the location or manner of construction of any public way, cables, electric conduits, water, sewer, gas, or other underground structures, it shall be deemed necessary by the grantor to alter, change, adapt, or conform the distribution system of the grantee, such alterations or changes shall be made within a reasonable time by the grantee, as ordered in writing by the grantor, without claim for reimbursement or compensation for damages against grantor.
(C) If grantor shall require the grantee to adapt or conform its distribution system, or in any way to alter, relocate, or change its property to enable any other person, firm, corporation, or entity (whether public or private), other than the grantor, to use the public ways, the grantee shall be reimbursed by the person, firm, corporation, or entity desiring or occasioning such change for any and all loss, cost, or expense occasioned thereby.
(D) PERSON, FIRM, CORPORATION, and ENTITY, as used in subsection (C) above, shall not include regular departments of the grantor, or any trust or authority formed by or for the benefit of grantor for public utility purposes, but shall include any other agency or authority of the city, whether acting in a governmental or non-governmental capacity, including, but not limited to, any urban renewal authority, or any other agency or authority which, as a part of its program, clears whole tracts of land within the city limits and relocates citizens for the purpose of urban development or similar aims.
(Prior Code, Appendix C, Article II, § 7) (Ord. 809, passed 3-16-1994)